Almost every AI answering tool records the call, turns it into text, and sends you a summary. That's useful. It's also a recording of a phone call, and the law cares about that.
One-party vs. all-party
- One-party consent: if one person on the call agrees to the recording, it's allowed. Your business counts as that person. Federal law and most states work this way.
- All-party consent: everyone on the call has to agree. About a dozen states work this way, including California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania and Washington.
If the customer is in an all-party state and you're not, the safest assumption is that the stricter rule applies.
The sentence that covers most shops
Put this near the start of every call your tool answers:
> "This call may be recorded so we get your details right."
When a caller hears that and keeps talking, most courts treat it as agreement. It's short, it's honest, and customers are used to hearing it.
Other things to check
- Where the recordings go. Ask the company where they're stored, for how long, and who can listen. Customer addresses and phone numbers are in there.
- Deleting them. Can you delete old recordings? Do you need to keep any? A good rule: keep the summary, delete the audio after a set time.
- Texts. Text-backs aren't recordings, but they are messages to customers. Only text people who called or texted you first. Don't add them to a marketing list without asking.
- Saying it's an AI. A few states have rules about bots that pretend to be people, and more are coming. Just tell them up front. See what an AI receptionist should say in the first sentence.
What we teach
At Fixer School, the first step isn't a bot. It's a text-back that goes out when you miss a call, plus a rules page that says what nobody (you, a helper or an AI) ever says on the phone. When members add an answering tool later, the recording notice is the second sentence on the script.
Sources
This is a plain-English overview, not legal advice. Laws change and vary by state. If you're unsure, ask a lawyer where you work.
